Flint Divorce lawyer says your facebook post may be evidence in Divorce.

FLINT DIVORCE ATTORNEY TERRY BANKERT REVIEWS THE USE OF FACEBOOK AND SOCIAL MEDIA IN DOMESTIC LITIGATION AND NEGOTIATION.

This article is in a fully cited note taking style CAP HEADINES are by the author for lay understanding and SEO.

A friend once told me she list’s the opposite parties face book friends on her witness list to get a rise out of the opposite party. [trb]

It was only a matter of time: Divorce lawyers who once dug through trash for evidence of cheating are now trolling Facebook and other sites for signs of “social cheatworking.”[4]

DOES DUE DILIGENCE REQUIRE A LOOK AT FACEBOOK AND OTHER SOCIAL MEDIA?

A new survey has found that social networking site Facebook is being cited in most divorce cases as the main provider of evidence of spouses cheating.[1]

CRIMINAL INVESTIGATORS HAVE BEED USING THIS EVIDENCE DOMESTIC ARE BEGINNING.

Criminal Activity. Postings of text and photos on social networking sites have been the source of discovery of criminal activity and, ultimately, evidence of crimes. Social networking activities have also served as a catalyst for offline criminal activities and charges[7]

SOCIAL NETWORKING AS EVIDENCE[10]

DOES YOUR FACEBOOK SHOW HOW YOU LEAD YOU LIFE?

The legal world took notice when, on February 20, 2009, the Ontario Superior Court of Justice permitted a defendant to cross-examine a plaintiff in a tort suit about his private Facebook profile. 87 The Court [*12] noted that it was "reasonable to infer that his social networking site likely contained some content relevant to the issue of how [the plaintiff] has been able to lead his life since the accident." 88
[10]

IS SKIING PHYSICAL THERAPY?

There is also the famous case where a woman claiming serious injuries after a car accident was confronted by photos of her skiing in the Swiss Alps. 89 Whoops. [10]

FACEBOOK IS NOT A PRIVATE DISCUSSION.

In another case, a woman lost a custody battle after sexually explicit comments on her boyfriend's MySpace page came to light. 90 And in yet another instance, a husband lost credibility after describing himself on MySpace as "single and looking." 91
[10]

WHEN ANY LITIGATION BEGINS DELETE OR PUT ON PRIVATE ALL YOUR SOCIAL MEDIA AND HOPE FOR THE BEST.

In criminal cases, social networking sites often come into play. In 2007, Jessica Binkerd was sentenced to five years and four months in prison after she drove under the influence of alcohol and was involved in a crash that resulted in the death of her passenger. 92 Her attorney anticipated that she would get probation, but she was sentenced to prison after evidence from her MySpace page showed her wearing an outfit with a belt that had plastic shot glasses on it. 93 Other photos showed her holding a beer bottle and wearing a shirt advertising tequila. 94 As her attorney put it, even though the outfit was part of a Halloween costume, the photos were all the judge talked about, saying that she had learned no lesson and showed no remorse. 95
[10]
In 2008, two weeks after being charged with drunk driving in an accident that seriously injured a woman, Joshua Lipton made the foolish decision to show up at a Halloween party in a prisoner costume with the label "Jail Bird" on his orange jumpsuit. 96 Someone posted the photo on Facebook and the prosecutor made effective use of the photo of this young man partying while his victim was recovering in a hospital. 97 The judge called the photos "depraved" and sentenced him to two years in prison. 98 [*13]
[10]

In another sentencing hearing, Matthew Cordova found himself with a five-year prison sentence in Arizona. 99 He had pled guilty to aggravated assault with a gun. 100 At the hearing, his attorney tried to portray him as a peaceful man who had found religion, yet the prosecution had a MySpace picture of Cordova holding a gun which he posted comments about. 101
[10]

In 2009, Raul Cortez was found guilty of murder. 102 He might not have been sent to death row, however, without the gang signs and colors displayed on his MySpace page being introduced in court. 103
[10]

BIG BROTHER IS LOOKING!

The police often use social networking sites in their investigations, while prosecutors check the sites of gang members, who regularly discuss their activities on their social networking sites. 104 Happily, they are often dumb enough to provide great fodder for criminal investigations. 105
[10]

FOR DIVORCE LITIGATION AND FIRST DATES CHECK THE SOCIAL MEDIA

Many divorce attorneys have reported to the authors that, whenever they get a new case, they Google all the parties (including their own client) and also check their social networking sites. In one such case in which the authors were involved, a well-groomed woman who portrayed herself as a "soccer mom" was undone by explicit photos of herself that she had posted online looking to "hook up" with men. 106 Dad got custody. 107
[10]

THIS IS LIKE WHISPERING SWEET NOTHINGS ON NETWORK NEWS!

In another case the authors handled, a wife learned of her husband's infidelity because she talked to his lover on his Facebook page. 108 Though the wife had no access to the page, one of her friends did. [10]

EUREKA!

It should now be a matter of professional competence for attorneys to take the time to investigate social networking sites. You must pan for gold where the vein lies - and today, the mother lode is often online.[10]

IF I HAVE SEEN 1 FACBOOK PAGE PRINTOUT I HAVE SEEN A THOUSAND

A survey of the nation's top lawyers shows more clients are coming to divorce court armed with Facebook evidence to prove spouses are cheating, according to MyFoxPhilly.com.[2]

More than 80% of respondents to a survey by the American Academy of Matrimonial Lawyers reported a spike in social media site spying -- the same kind done by marketers.[4]

Social media stalking skills have become invaluable to the legal world for divorce cases in particular. Online photo albums, profile pages, wall comments, status updates and tweets have become gold mines for evidence and leads. Today, divorce and family law firms routinely cull information posted on social media sites — the flirty exchanges with a paramour, unsavory self-revelations and compromising photographs — to buttress their case.[6]

We've all known for a while now that spouses are using social networking transcripts as justification for ending marriages -- even in the courtroom. And, as we've said before, that doesn't come as a huge surprise. Virtually everything we do today leaves some sort of trail behind us, whether it's in the form of cell phone bills, e-mail exchanges, or Wall posts. Facebook just happens to be the most convenient means by which we can find lost loves, former flames, or, as the case may be, quasi-anonymous acquaintances. [3]


The survey was conducted on some of the nation’s top divorce lawyers, and they revealed that their clients come to court armed with evidence they got from the website.[1]

“More and more I have clients coming in and I say, ‘What are you here today for ’ And they say, ‘Facebook’,” Fox News quoted divorce attorney Mary Cay Trace as saying. “You can now search beyond your neighbours and your co-workers if you’re trying to find somebody to replace what you think is missing in your marriage,” she stated.[1]

The reason is simple. Many people don't understand how social media works. Specifically, they aren't fully aware of the controls that help protect privacy. Think of the massive confusion Facebook recently caused with its control changes.[4]

Are Social Networking Profiles Discoverable? A Canadian Court recently answered this question affirmatively. In Leduc v. Roman, Ont. Super. Ct. No. 06-cv-3054666PD3 (February 20, 2009), the court allowed pretial discovery of a party’s Facebook profile[22]. The plaintiff had brought an auto negligence action and the defendant sought information from the profile relevant to the question of whether the accident had impacted his ability to participate in his regular activities. The court further stated that the plaintiff’s privacy settings were irrelevant and that the profile information was “data and information in electronic form” discoverable under Canada’s Rules of Civil Procedure.[7]

The Internet, Facebook, E-Mails and Electronic Storage Devices[8]

A good example of use of an interrogatory would be to adopt a standard discovery request. This discovery request would be a good baseline to discuss with your own client where he or she receives their electronic information and the way that they may be requested to supply the same information in return. [8]

When considering how electronic discovery may assist litigation, also be aware of the legal and ethical landmines for both you and your client. The client should be made aware of current wire tapping law prohibiting certain “spy tactics” such as hidden cameras, computer spyware and wire tapping. Be aware if your client, as well as opposing party) is participating in social networking sites, such as MySpace, Match.com or Adultfriendfinder.com. Finally, remember you can potentially be held liable if you review or even know about private information that your client obtained illegally[8]

An emerging area for uncovering information about employees’ off-duty conduct and possible misconduct are social networking sites, such as Facebook, Twitter, LinkedIn, and employees’ own blogs. An employer’s examination of an employee’s social network sites may reveal conduct that violates the employer’s confidentiality, ethics, fraternization, and leave-of-absence policies, among others. While reviewing these sites may provide information about policy violations, using these resources may also set employers up for various claims by employees. The risks for employers include invasion-of-privacy claims, Fair Credit and Reporting Act violations, and state and federal antidiscrimination law claims. Because of these risks, employers that use social networking sites to gather information as part of an investigation should carefully consider what information should be collected and evaluated before using it as a basis for employment decisions. [9]


A mother of two showed via Skype Internet love notes posted between her husband and an old grade-school flame he reconnected with on Facebook. Within months, the 13-year marriage was over, with her husband’s new woman also ending her own marriage. The families had two children each.[1]

But it is not always the betrayed spouse who stumbles across the Internet evidence. Even worse, it’s friends, neighbours and sometimes the children who bust their parent. [1]


You'd think, though, that at some point, the trend would begin to reverse, as more people become more aware of the indelibility of their actions. Instead of seeing social networking as an opportunity to check out other men or women, perhaps people will begin to see the ubiquitous phenomenon as a good reason not to cheat, in the same way that surveillance cameras at ATMs often discourage criminals from theft. A lot of people, of course, will always cave to carnal temptation, and may very well use social networking to satisfy that craving. But that doesn't necessarily negate the potential for Facebook and its brethren to strengthen as many marriages as it purportedly destroys.[3]

In effect, social networks are becoming the desk drawers or glove compartments where a cheater is most likely to leave the most evidence.[4]

Even if you are reasonably sure you can protect your Facebook profile from your spouse, that doesn’t mean you can protect it from his or her lawyer. Remember, good divorce attorneys (or their hired private investigators) don’t even need to catch directly incriminating evidence on Facebook — they just need a good lead.[5]


And if there’s one thing you can always count on from the two-timers, it’s carelessness, if not laziness.[4]

Here‘s an option: Be faithful. That‘s the point of getting married in the first place, isn‘t it?[4]

Posted here by
Terry Bankert
http://attorneybankert.com
Or
http://dumpmyspouse.com


Sources
[1]
http://beta.thehindu.com/sci-tech/internet/article445786.ece
[2]
http://www.foxnews.com/scitech/2010/06/02/survey-shows-facebook-driving-divorce-rate/
[3]
http://www.myfoxphilly.com/dpp/news/scitech/Facebook_Divorce_Lawyers_Survey_Infidelity_060110
[4]
http://www.cliffviewpilot.com/beyond/1324-more-cheaters-handing-their-spouses-evidence-on-facebook-other-social-media
[5]
http://abovethelaw.com/2010/06/divorce-lawyers-turn-facebook-into-a-case-winning-gold-mine/
[6]
http://dailycaller.com/2010/06/02/divorce-attorneys-catching-cheaters-on-facebook/
[7]
Hot Topics in entertainment Law: Gaming & Internet Law. Legal Issues in Social Networking by kazthryn L Ossian Miller, canfield Paddock and Stone PLC Detroit.05/20/2009
[8]
Fundamentals of Divorce Practice Procedures (09/10/09) by James Cunningham of Williams Williams , Rattner & Plunkett PC Birmingham.
[9]
Fundamentals of Divorce Practice Procedure 99-10-09)by James P. Cunningham of Williams Williams Rattner & pLunkett LC Birmingham.
[10]
The Legal Implications of Social Networking, Sharon Nelson, John Simek and Jason Foltin/. Regent university Law review 2009 22 Regent University Law Review.
[trb] Terry Bankert Attorney 1000 Beach St. Flint MI 810-235-1970
http://attorneybankert.com

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